Legal

Local Business Line Service

Terms of Service

These Service Terms and the TELUS Local Telephone Service Terms apply to your use of forborne Local Business Line Service if you have not signed a written agreement for forborne Local Business Line Service. Local Business Line Service is provided by TELUS Communications Inc.

1. Service Description

Local Business Line Service provides you with business individual line or business multi-line access to the public switched telephone network (“PSTN”) for single telephones, fax machines, multi-line telephones, key systems and PBXs and provides one bi-directional PSTN access for each business line.

2. Service Demarcation

Local Business Line Service is provisioned from a TELUS central office and terminates at a point (the “Service Demarcation”) either at a single location at the service address or, if your site is a multi-level building, at a single location where the service components enter the building. You are responsible for all equipment, including telephone sets, and connectivity required on your side of the Service Demarcation.

3. Access

You shall obtain, at your sole cost, all rights-of-way, permissions and/or third party consents required to permit TELUS to install and maintain the service components from the legal boundary of your site to the Service Demarcation, including the consent of your landlord or building owner. You shall satisfy all requirements imposed by a building’s design or by building management that apply to installation of Local Business Line Service or the service components including the payment of any additional fees, conduit installation, power installation, design submissions, installation approvals, and work performed beyond the Service Demarcation. You grant TELUS access to your site to install and maintain Local Business Line Service and the service components. You shall provide safe and reasonable access to the Service Demarcation.

4. Service Limitations

You shall not utilize Local Business Line Service in any way that interferes with the ability of other customers to use services provided by TELUS fairly and proportionately and TELUS may limit the use of Local Business Line Service in order to prevent such interference.

TELUS makes no representations or warranties of any kind or nature with respect to the capability or reliability of Local Business Line Service for data transmission purposes.

5. Your Responsibilities

You must provide compatible terminal equipment (including hardware and any required software) for use with Local Business Line Service.

When electrical power is required to provide Local Business Line Service, you shall supply the power at no charge to TELUS.

Unless agreed to by TELUS in writing, you shall not resell Local Business Line Service or access to Local Business Line Service, directly or indirectly to third parties. If TELUS permits such resale to or access by third parties, you shall be responsible for all such third party use or access and shall indemnify and save harmless TELUS from and against all claims, demands, and actions and shall be liable to TELUS for all losses, costs, damages, and expenses, including legal fees, incurred by TELUS arising from third party use of or access to the Local Business Line Service. If you are a reseller, you shall comply with a direction from the CRTC to disconnect the telecommunications services of a telemarketer that has violated the Unsolicited Telecommunications Rules.

6. Charges

TELUS shall begin billing you for Local Business Line Service on the date Local Business Line Service is provided and, for any moves, adds or changes to Local Business Line Service, when the moves, adds or changes have been completed by TELUS. You shall pay pro-rata charges for any business line that is not in service for a complete billing period.

7. Additional Charges

Local Business Line Service rates include the mandatory surcharge for Message Relay Service in Alberta (CRTC Tariff 18001 Item 455) or the mandatory surcharge for Message Relay Centre Service in British Columbia (CRTC Tariff 1005 Item 32D). Local Business Line Service rates do not include the mandatory Provincial 9-1-1 charges for Alberta and British Columbia (CRTC Tariff 21461 Item 203), or any mandatory Local Calling Area (LCA) Expansion charges. These charges may change as a result of CRTC approved changes to TELUS’ Tariffs. You are responsible to pay these additional monthly charges for each business line.

8. 9-1-1 Calls

You acknowledge and agree that: (a) in regard to a call to the emergency telephone number 9-1-1, use of Local Business Line Service results in calling line identification being delivered to TELUS’ network; (b) the use of calling line identification in association with Local Business Line Service could result in calls originating from a location other than the location associated by TELUS with the calling line identification for that number; (c) if, in dispatching emergency services in response to a call to 9-1-1, reliance is placed on information associated with the calling line identification received by TELUS’ network in conjunction with the call to 9-1-1, emergency services may not be routed to the location from which the call to 9-1-1 originated; and (d) in regard to a call to 9-1-1, you or any person using Local Business Line Service or any services used in conjunction with Local Business Line Service is responsible to provide complete and accurate information relating to the actual location of the emergency situation to the emergency services call operator. Without restricting any indemnities in the General Terms and Conditions, you are responsible and shall indemnify TELUS for, and save TELUS harmless from and against, all charges, losses, costs, liabilities and damages of any kind whatsoever related to emergency services being dispatched to a location other than the location from which the call to 9-1-1 originated as a result of (a) any use of Local Business Line Service that results in the location associated by TELUS with a calling line identification being a location other than the location from which the call to 9-1-1 originated; and (b) the failure by you or any person using Local Business Line Service or any services used in conjunction with Local Business Line Service to respond, or provide complete or accurate information, to a 9-1-1 or emergency call operator requesting a response or information in order to properly dispatch emergency services.

9. Long Distance Charges

If, in using Local Business Line Service, you use TELUS long distance services and the long distance services are not subject to an agreement between TELUS and you, TELUS’ Long Distance Terms of Service available on TELUS’ Internet web site at http://www.telus.com/content/home-phone/terms-of-service.jsp and the message toll schedule (as amended) available on TELUS’ Internet web site at http://about.telus.com/publicpolicy/rates.html or on request shall apply and are incorporated by reference and form part of this Agreement as it relates to Local Business Line Service, mutatis mutandis.

10. Service Charges

For installations and changes to Local Business Line Service, you shall pay the then in effect service charges which include data processing, field connection and office connection charges.

11. Confidential Information

Any unlisted telephone number from which a call is originated using Local Business Line Service is provided on calls to customers who subscribe to Call Display and to TELUS for Call Trace.

12. Telephone Numbers

You do not have any property rights in or other rights to any telephone number assigned to you whether or not the telephone number is in a telephone directory. TELUS may change a telephone number designated for you if TELUS has (a) reasonable grounds for changing it and gives you reasonable advance notice stating the reason for and the anticipated date of the change, or (b) in cases of emergency, gives you verbal notice, which will be followed by a written explanation as soon as is reasonably possible. TELUS is not liable for any costs, damages or other amounts of any kind whatsoever resulting from changes to telephone numbers.

13. Directory Listing

Local Business Line Service includes a listing in the white pages directory and the yellow pages directory in the applicable service area.

Despite any other provision in this Agreement, the sole liability of TELUS for errors in the publication of your directory listing, including failure to publish the listing at all or publication of a blocked number, is to correct the listing for the next publication of the directory, and to reimburse any additional charges you have paid for number blocking or a premium directory listing. If there is an error in your listed telephone number, TELUS will, subject to central office facility availability, intercept all calls made to the incorrectly listed telephone number and advise the caller of your correct telephone number until updated telephone directories are made available showing the correct telephone number or until Local Business Line Service is terminated, whichever comes first.

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